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欧洲私法共同参考框架草案： 批评性评估 (A Criticism On The Draft Common Frame Of Reference), Jan M. Smits
欧洲私法共同参考框架草案： 批评性评估 (A Criticism On The Draft Common Frame Of Reference), Jan M. Smits
Jan M Smits
This contribution introduces and criticises the Draft Common Frame of Reference for European Private Law (DCFR). It is the amended Chinese translation by Jiang Haifeng of 'The Draft Common Frame of Reference, Methodological Nationalism and the Way Forward.'
Drept Privat Într-O Societate Post-Naţională: De La Reglementarea Ex Post La Reglementarea Ex Ante, Jan M. Smits
Drept Privat Într-O Societate Post-Naţională: De La Reglementarea Ex Post La Reglementarea Ex Ante, Jan M. Smits
Jan M Smits
This contribution (in Romanian) shows how the role of law is changing as a result of globalisation and technological progress. It demonstrates how the traditional view of law as being produced by different nation-state legal orders, each claiming exclusive jurisdiction for a limited territory, is gradually making place for alternative types of ordering. The ex post reliance on the law to provide appropriate rules, enforcement and dispute resolution is replaced by a situation in which actors proactively avoid as much as possible the applicability of laws. This development towards delivering ‘legality’ without law is much more important in understanding the …